Ann Clara Tomy

Tripura High Court: Demand for Refund of Unlawful Tax Deduction to be made Within Reasonable Time

By Ann Clara Tomy In the case of Sri Ashish Kumar Dey vs the State of Tripura&Ors., a division bench comprising of Hon’ble Justice Akil Kureshi and Hon’ble Justice S G Chattopadhyay dealt with a petition filed almost 5 years...

Tripura High Court Disqualifies an Independent Municipal Council Member on Subsequent State Assembly Election Win on a Political Symbol

In the case of Shri Chandra Sekhar Sinha v. The State of Tripura & Ors., Hon’ble Justice Akil Kureshi dealt with a writ petition challenging the office of a municipal council member on the ground of disqualification due to...

Tripura High Court holds that the Service Rule of Repatriating Deputionists at least Six Months Prior is Directory

In the case of Sri Nikhil Chandra vs State of Tripura & Ors, WP(C) No.309/2020,  Hon’ble Justice Mr Akhil Kureshi dealt with the challenge to an order repatriating deputationists to parent organization from government service. Brief Facts A memorandum was issued...

Tripura High Court Held That Absence of Prayer for Condonation of Delay, If Not the Plaintiff’s Fault, Cannot Be Used To Dismiss Suit

In the present case, Hon’ble Justice S Talapatra dealt with a petition to quash an order that denied restoration of a suit on the ground that no prayer for condonation of delay has been made and the suit is...

Tripura High Court Emphasises that Kidnapping Alone Cannot Constitute an Offence Under Section 366 of IPC

In the case of Shri Sujit Datta vs the State of Tripura 2018, the division bench consisting of Hon’ble Justice S Talapatra and Hon’ble Justice S.G Chattopadhayay dealt with an appeal under Section 374(2) of the CrPC from conviction...

Tripura High Court Dismisses Claim of Oral Agreement Due To Lack of Evidence

In Shri Birendra Chandra Biswas vs Sri Ratan Chandra Dhar, a two-judge bench of the Tripura High Court decided on the nature and degree of evidence required to uphold an oral agreement which is not prima facie supported by...

Tripura HC Grants Bail to Accused Under NDPS Act Due to Procedural Irregularities and Lack of Prima Facie Case

In the case of Smt. Rumpa Debnath (Bhowmik) vs. The State of Tripura B.A. No. 71 of 2020, Hon’ble Justice Arindam Lodh decided on whether to grant bail to an accused against whom the rigour of Section 37 of...

Tripura HC Grants Anticipatory Bail Considering the Health of the Petitioner

In the case of Tutan Ghosh & Anr. vs. State of Tripura, the Hon’ble Justice Arindam Lodh decided to grant anticipatory bail, where the records showed shoddy investigation and that the petitioners were injured in the incident cited as...

Tripura HC: Affirms that Higher Pay Due to Pay Scale Revision Does Not Amount to Career Progression

In the writ petition Smt Shipra Debnath & Ors vs State of Tripura & Ors (W.P.(C) No.1449 of 2019), Hon'ble Justice S. Talapatra decided on the issue whether higher pay due to pay scale revision amounts to a career progression. Brief Facts Petitioners...

Tripura HC Rejects Anticipatory Bail to Medical Practitioner for Allegedly Performing Unauthorised Pregnancy Termination

The Hon’ble Justice Talapatra of the Tripura High Court, in the case of Dr Bishnu Chandra Dey v. the State of Tripura decided on whether an anticipatory bail to be given to medical practitioner allegedly performing pregnancy termination without...

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